GET AN ESTIMATE
PRIVATE CLIENT

Powers of Attorney

Bright Solicitors recommend that in addition to making a Will, making a Lasting Power of Attorney is just as important when planning for your future.
LASTING POWERS OF ATTORNEY

What does it mean? 

A Lasting Power of Attorney (LPA) is a legal document whereby you appoint Attorneys to look after your affairs and to make decisions on your behalf should you become unable to do so. 

There are two different types of LPA: one dealing with property and financial affairs, and the other with health and welfare issues. 

To read more detail about Lasting Powers of Attorney and the different types of LPA's click here. 

WHY YOU SHOULD USE

Bright Solicitors

At Bright Solicitors, we believe that the whole process should be as easy as possible and we will:

Our expertise covers:

  • Explain and give advice on all aspects of LPAs including the duties and responsibilities of all of the people involved.

  • Complete all of the forms and paperwork and deal with the registration of the LPAs at the Office of the Public Guardian.
  • Act as a professional certificate provider for no additional charge.
  • We apply a fixed fee for the preparation and registration of LPAs so that there are no hidden charges. 

Useful Information on LPAs

Losing mental capacity and being unable to make your own decisions is something that we all hope will not happen to us. But for many people it will and this may be due to an unexpected car accident, injury at work, disability, stroke or the onset of an illness such as Alzheimer’s disease or dementia.

LPAs can safeguard your future and that of your business. There are two different types of LPA, one dealing with your Property and Financial Affairs and the other with Health and Welfare issues.

This LPA gives your attorneys authority to make decisions about your property and financial affairs when you are unable to do so for yourself. This can include dealing with your bank accounts, making decisions about your investments, property and how you spend your money. 

This type of LPA is essential for business owners, so that the business can continue to function if capacity is lost. Your attorneys can use this type of LPA only after it has been registered with the Office of the Public Guardian (OPG). Once it has been registered, your attorneys can make decisions on your behalf whether or not you lack mental capacity. 

This can be particularly useful if you are away for an extended period of time or have a physical disability.

This LPA gives your attorneys authority to make decisions about your health and welfare when you cannot do so for yourself. This can include decisions about where you live, who you see, the type of care you receive and extends to decisions about life-sustaining treatment. 


Your attorneys can only use this LPA after it has been registered with the OPG and only when you lack the capacity to make the decision in question.

They were introduced by the Mental Capacity Act 2005 and there are certain principles which your attorneys must follow when making decisions for you. Each decision is to be considered independently. You may have capacity to make some decisions but not others. As a starting point, your attorneys must assume that you can make your own decisions unless they can establish that you can’t and they must support you in your decision-making process as far as possible.

You can appoint one or more attorneys. If you appoint more than one attorney, you must specify whether the attorneys are to act jointly (i.e. all attorneys must act together) or jointly and severally (i.e. your attorneys can act individually). The joint and several appointment is more flexible. A joint appointment will fail if any one of your attorneys is unable to act for any reason, including death or incapacity.

We therefore recommend that you opt for a joint and several appointment. It is possible to name replacement attorneys but in the case of a joint appointment, the replacement can only step in, when none of your attorneys are able to act. With a joint and several appointment, the replacement can act if one attorney is unable to act.

It is possible to place restrictions on your attorneys but we would not recommend that you do so, unless there is an issue that you feel particularly strongly about. If you trust someone enough to be your attorney, then a restriction should not be necessary and may prevent them from taking action, to your detriment. 

However one common restriction is used where a person is a business owner. It is possible to have one LPA appointing family to look after your personal affairs and another with business-minded people to make your business decisions for you.

  • Your spouse/children do not have an automatic right to manage your affairs if you lose the capacity to do so. They will not be able to sell or purchase property on your behalf, manage your bank accounts and investments or continue the running of your business.
  • Your spouse/children do not have authority to make decisions about your health and care if you lack capacity to do so yourself.
  • If you lose capacity, any joint account that you hold with your spouse or another can be frozen by your bank.
  • If you do not have an LPA and you lose capacity it will be necessary for someone to apply to the Court of Protection to be appointed as your Deputy to manage your affairs, which is a lengthy and expensive procedure?
  • These issues can be avoided by putting LPAs in place and the crucial thing is to set them up while you are still mentally capable, well in advance of when they may need to be used.

If you would like further information or advice about LPAs or would like to have LPAs prepared for you, please contact Carly Jeffery on 01752 968442 or e-mail Carly.Jeffery@brightllp.co.uk

FIND OUT MORE ABOUT

The Private Client Team

Carly Jeffery
MORE
Abagail Witts
MORE
Connor Barclay
MORE
Fiona Chesworth
MORE